December 9, 2003

ANNOUNCEMENT

Amendment of Georgia Court of Appeals Rule 4

The Court of Appeals has amended Rule 4 effective January 1, 2004 concerning when a document is deemed filed with the Court and the evidence required to prove the date of filing. The Court is adopting a portion of the language of Supreme Court Rule 13 which relates to delivery of filings by private couriers and overnight mail. The text of the amended rule is set out below.

Rule 4.	A document shall be deemed filed when it is physically delivered to the Clerk's

office, with sufficient costs, if applicable, and clocked in by the Clerk's office staff. A document is also deemed filed in the Clerk's office when it is deposited in the United States Postal Service registered or certified mail, with sufficient costs, if applicable, provided that the official United States Postal Service postmark date appears either (1) on the transmittal envelope or container, or (2) on the certified mail receipt provided by the United States Postal Service at the time the document is mailed, which receipt must be submitted upon request. An office or private postage meter date is not sufficient. Alternatively, a document will be deemed filed as of the date on which it is delivered to the United States Postal Service or a commercial delivery company for overnight delivery as evidenced by the receipt provided by the Post Office or commercial delivery company.

Motions for reconsideration are deemed filed only on the date they are physically received in the Clerk's office. See Rule 37.